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HomeMy WebLinkAboutC13-140 Western Eagle County Ambulance District IGAINTERGOVERNMENTAL AGREEMENT BETWEEN THIS AGREEMENT is made and entered into thisjC day of , 2013, by and between the Eagle County Sheriff's Office (the "Sheriff's Office") and the County of Eagle (the "County")(collectively referred to herein as the "County") and the Western Eagle County Health Services District, d/b/a Western Eagle County Ambulance District (hereinafter referred to as "WECAD"). Collectively these entities are also referred to as the "Parties." RECITALS WHEREAS, the Parties enter into this Agreement under the general authority of local governments of the State of Colorado to contract with one another for the provision of services pursuant to C.R.S. §29-1-201, et seq., Article XIV, Section 18 of the Colorado Constitution; and WHEREAS, it is the duty of the Sheriff's Office to preserve the peace within Eagle County, which duty includes, but is not limited to, responding to incidents and accidents which may involve persons suffering from cardiac arrest or respiratory emergency; and WHEREAS, WECAD provides emergency medical services, including the provision of initial emergency medical assistance such as treating respiratory and circulatory emergencies; and WHEREAS, WECAD operates an American Heart Association ("AHA") training center for the purposes of providing AHA CPR and First Aid classes to various agencies and entities; and WHEREAS, the Parties agree that it is important for law enforcement officers to receive CPR education and training because these officers are often the first to arrive on the scene of an incident or accident involving a person in need of treatment for cardiac arrest or other respiratory emergency and therefore may be able to provide the necessary initial emergency assistance; and NOW, THEREFORE, for and in consideration of the mutual covenants, conditions and promises contained herein, the adequacy of which are hereby acknowledged, the Parties agree as follows: 1. WECAD will reimburse the Sheriff's Office for the cost of the education or training required for one Eagle County Sheriff's office to become an AHA certified instructor of emergency medical assistance, upon successful completion of AHA certification by such deputy. The Eagle County Sheriff will designate the deputy who is to receive such instruction and education. The Parties anticipate that such deputy (hereinafter the "Instructor") shall become an AHA certified instructor within 6 months of execution of this Agreement. WECAD will reimburse. the Sheriff's Office within 30 days of receiving notice that the deputy has achieved AHA certification. 2. Once the Instructor has achieved AHA certification, the Instructor will provide AHA emergency medical assistance training to employees of the Sheriff's Office, as determined {00317061.DOC / 2} 1 necessary by the Sheriff's Office, including, but not limited to, CPR training and First Aid (the "Sheriff's Office AHA Classes"). 3. WECAD shall furnish all necessary supplies and equipment, including but not limited to, mannequins and instruction manuals, for use by the Instructor when teaching the Sheriff's Office AHA Classes. 4. Upon request by the Sheriff's Office, WECAD will make classroom space available at no charge in its facility located at 785 Red Table Dr, Gypsum, CO, for use by the Instructor for instruction of the Sheriff's Office AHA Classes. The Sheriff's Office shall request use of the WECAD facility no later than seven (7) days prior to the requested use of the facility. 5. WECAD will assist the Sheriff's Office in filling out and submitting paperwork for the Sheriff's Office AHA Classes, including paperwork required for AHA certification. 6. In exchange for WECAD's services as set forth above, the Sheriff's Office agrees that each calendar year, the Instructor will teach a minimum of two (2) four-hour classes or one (1) eight- hour class offered to the public or other entities through the WECAD AHA training center (the "WECAD AHA Classes"). 7. The Sheriff's Office will be responsible for the cost of all AHA certification cards issued to employees of the Sheriff's Office. The current cost is $4.50 per card. 8. The Sheriff's Office shall be responsible for filling out and submitting all required paperwork for the WECAD AHA Classes, including paperwork required for AHA certification. 9. WECAD and the County shall cooperate fully as to facilitate the performance of this Agreement. 10. The Parties enter into this Agreement as separate, independent governmental entities and officials and shall maintain such status throughout. Employees assigned under this Agreement shall be considered and shall remain employees of their respective entities at all times and for all purposes under this Agreement. No employee of the County shall be deemed an employee of WECAD, even if the County employee acts on WECAD's behalf under this Agreement. 11. Neither party shall be called upon to pay or assume any liability for the direct payment of any salaries, wages or other compensation to personnel associated with the other party who are performing services hereunder. Additionally, neither party shall not be liable for compensation or indemnity to any of the other party's personnel for injury or sickness arising out of his/her performance under this Agreement. 12. To the extent allowed by law, each Party agrees to indemnify, defend and hold harmless each other, their respective agents, officers, and employees of and from any and all loss, costs, damages, injuries, liabilities, claims, liens, demands, actions and causes of actions brought by a third party, whatsoever, arising out of or related to the respective Parties performance or nonperformance under this Agreement. Neither Party shall be deemed to assume any liability for intentional or negligent acts of the other Party. By agreeing to this provision, the Parties do not {00317061.DOC / 212 waive or intend to waive the limitations on liability which are provided to the Parties under the Colorado Governmental Immunity Act, C.R.S. § 24-10-101,'et seq., 13. Each Party shall provide its own public liability, workers' compensation, and property damage insurance coverage as it may deem necessary for any potential liability arising from the services to be provided under this Agreement. 14. Unless sooner terminate as provided hereunder, this Agreement shall be effective from the date of its execution though kp��k 0 , 2014 (the "initial period"). It is the intent of the Parties that this Agreement shall be renewed for additional one (1) year periods following the end of the initial period, and unless one of the Parties gives written notice to the other at least ten (10) days prior to the end of the initial period, or then current additional period, that such Party desires to terminate this Agreement or to renegotiate the terms, this Agreement shall be automatically extended for additional one (1) year periods. After the initial period, this Agreement shall run from January 1st to December 31St of each respective year. Notwithstanding the foregoing provisions, either Party, with or without cause, may terminate this Agreement at any time during the term of the Agreement, upon the giving of ten (10) days prior written notice of such termination to the other respective Party. 15. The Parties agree that this Agreement is contingent upon all funds necessary for the performance of this Agreement being budgeted, appropriated and otherwise made available. It is expressly understood that any financial obligations that may arise hereunder, whether direct or contingent, shall only extend to payment of monies duly and lawfully appropriated by the governing body of either Party. Should any of the Parties fail to undertake their obligations pursuant to this Agreement because necessary funds have not been budgeted or duly appropriated, this Agreement may be terminated by either Party. 16. Any notices or other communications required or permitted to be given hereunder shall be given in writing, delivered personally or sent by first class mail, postage prepaid, addressed to the Parties at the addresses set forth below or at such other address as either Party may hereafter designate by written notice to the other Party given in accordance herewith. Notice will be deemed given on the date of delivery or three business days after deposit in a U.S. Postal Service depository. County: Sheriff Joe Hoy P.O. Box 359 885 East Chambers Avenue Eagle, Colorado 81631 (970) 328-8500 (telephone) (970) 328-1448 (fax) With a copy to: Eagle County Attorney's Office P.O. Box 850 Eagle, Colorado 81631 (970) 328-8685 (telephone) (970) 328-8699 (fax) 10031706LDOC / 2 } 3 WECAD Western Eagle County Health Services District Attn: Christopher Montera, Chief P.O. Box 1809 Eagle, CO 81631 (970) 328-1130 (telephone) (970) 329-1132 fax) 17. This Agreement and the rights and obligations created hereby shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns, and may not be assigned by any Party without the prior written consent of the other Party. 18. Nothing herein expressed or implied is intended or should be construed to confer or give to any person or corporation or governmental entity other than WECAD and County, any right, remedy or claim under or by reason hereof or by reason of any covenant or condition herein contained. 19. If any portion of this Agreement is held invalid or unenforceable for any reason by a court of competent jurisdiction as to either Party or as to both Parties, such portion shall be deemed severable and its invalidity or its unenforceability shall not affect the remaining provisions; such remaining provisions shall be fully severable and this Agreement shall be construed and enforced as if such invalid provisions had never been inserted into this Agreement. 20. This Agreement may be amended, modified, or changed in whole or in part only by written agreement duly authorized and executed by the Parties hereto. 21. The law of the State of Colorado shall be applied in the interpretation, execution and enforcement of this Agreement. Venue for any action arising out of any dispute pertaining to this Agreement shall be exclusive in Eagle County, Colorado 22. This Agreement represents the full and complete understanding of the Parties, and supersedes any prior agreements, discussions, negotiations, representations or understandings of Parties with respect to the subject matter contained herein. 23. This Agreement shall be binding upon the respective parties hereto, their successors or assigns, and may not be assigned by either Party without the prior written consent of both Parties hereto. 100317061.DOC / 214 IN WITNESS WHEREOF the Parties hereto have caused this Agreement to be executed and be effective as of the day and year first above written. AT' COUNTY OF EAGLE, STATE OF COLORADO BY AND THROUGH ITS CHAIRMAN TO THE BOARD OF COUNTY EAGLE COUNTY SHERIFF'S OFFICE BY AND THROUGH ITS SHERIFF By: /Jooy, WESTERN EAGLE COUNTY AMBULANCE DISTRICT Egli��.: . -r, 10031706LDOC / 2; 5